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Wal-Mart Real Estate Business Trust has applied for a permit to place fill material in approximately 0.29 acre of waters of the United States to reconfigure Aspen Village Phase 4. The impacts associated with the construction of a commercial retail store will result in a cumulative impact of 1.25 acres of waters of the U.S. within the overall Aspen Village Commercial Development. This project is located approximately 2.5 miles west of Pagosa Springs on the south side of U.S. Highway 160

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Wal-Mart Real Estate Business Trust has applied for a permit to place fill material in approximately 0.29 acre of waters of the United States to reconfigure Aspen Village Phase 4. The impacts associated with the construction of a commercial retail store will result in a cumulative impact of 1.25 acres of waters of the U.S. within the overall Aspen Village Commercial Development. This project is located approximately 2.5 miles west of Pagosa Springs on the south side of U.S. Highway 160, within Section 21 in Township 35 North and Range 2 West, New Mexico Principal Meridian, Archuleta County, Colorado.

CESPK-RD-C June 1, 2012 – June 30, 2012 SUBJECT: The U.S. Army Corps of Engineers, Sacramento District, (Corps) is evaluating a permit application to construct the Aspen Village Reconfiguration Phase 4 project, which would result in permanent loss to approximately 0.29 acre and temporary impacts to approximately 0.02 acre of waters of the United States, including wetlands. This notice is to inform interested parties of the proposed activity and to solicit comments. AUTHORITY: This application is being evaluated under Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. APPLICANT: Frank Pampalone Wal-Mart Real Estate Business Trust 2001 SE 10th St. Bentonville, Arkansas 72716

AGENT: Kerrianne Zdimal SME 555 Rivergate Lane, B1-101 Durango, Colorado 81301 970-259-9595

LOCATION: The project area is located on an approximately 15.8-acre site that was previously associated with a larger plan of development known as Aspen Village. Seven parcels (#569921104003, 569921127003, 569921127004, 569921127001, 569921127005, and 569921127006) comprise Phase 4, which is located approximately 2.5 miles west of Pagosa Springs on the south side of U.S. Highway 160, within Section 21 in Township 35 North and Range 2 West, New Mexico Principal Meridian, Archuleta County, Colorado.

PROJECT DESCRIPTION: The applicant is proposing to reconfigure Phase 4 of Aspen Village. The original construction of Aspen Village resulted in permanent impacts to 0.96 acre of waters of the U.S. This work was authorized on May 24, 2006 under Nationwide Permit number 32. As part of the original permit, the project proponent committed to creating 1.92 acres of wetland and preserve 1.84 acres of wetland buffer on-site to compensate for the permanent wetland loss associated with the Aspen Village project. The impacts associated with Phase 4 Reconfiguration would result in cumulative projects impacts to 1.25 acres of waters of the U.S. (0.96 acres of original impact plus 0.29 acre of proposed impact).

The reconfiguration would consist of the construction of a 91,828 square-foot Wal-Mart Supercenter situated at the northeast corner of Alpha Drive and Aspen Village Drive. The dimensions of the building are approximately 365’ x 255’. Parking for the Wal-Mart would be primarily located on the north and east sides of the building with a few spaces on the west. The location and configuration of access points and utilities are driven by Colorado Department of Transportation as well as Town of Pagosa Springs Land Use Code requirements. The project would initially be overlot graded with the installation of all utility lines, followed by the construction of the building and parking lot.

The proposed impacts to waters of the U.S. would result from the placement of fill material for stormwater facilities, open space/landscaped areas, the proposed parking lot and a customer access drive from Aspen Village Drive. Fill material within wetland areas would consist of engineered fill, concrete, asphalt and natural earth materials. Temporary impacts to wetlands may result in disturbance to up to 0.02 acre. Temporary impacts would result from the construction of a 2-stage outlet structure located at the far northeast area of the wetlands. Additional temporary impacts would occur at the two storm outfalls for the installation of storm pipe, flared end section, and permanent riprap. All areas of temporary disturbance would be restored to pre-construction elevations and re-vegetated, as appropriate, upon completion of construction activities.

Based on the available information, the overall project purpose is to construct a 91,828 square-foot wholesale/retail center that is visible from a major thoroughfare in the Town of Pagosa Springs, with associated infrastructure including required parking areas, landscaping and stormwater facilities that comply with the Town of Pagosa Springs Land Use Code. The basic project purpose is construction of a commercial retail facility and associated infrastructure. The attached drawings provide additional project details.

ADDITIONAL INFORMATION:

Environmental Setting. The project site is located within an existing commercial development. Existing improvements at the site include overlot grading and infrastructure. The proposed project area includes approximately 0.29 acre of palustrine emergent. This wetland is part of the mitigation area for the original project and is dominated by soft stem bulrush. The original project attempted to create the required 1.92 acres of wetland and to preserve 1.84 acres of wetland buffer on-site. However, the created wetland mitigation was not completely successful, resulting in a shortage of 0.8 acre of wetland and 0.06 acre of wetland buffer.

Alternatives. The applicant has provided information concerning project alternatives. Other off-site alternatives considered for this project include a parcel located at the northwest corner of Vista Blvd. and US Highway 160 and a parcel located on the south side of US Highway160 and Majestic Drive. The applicant has considered these alternatives not practicable due to impacts to aquatic resources, access requirements, and extensive construction activities required to prepare the site for development.

Additional information concerning project alternatives may be available from the applicant or their agent. Other alternatives may develop during the review process for this permit application. All reasonable project alternatives, in particular those which may be less damaging to the aquatic environment, will be considered.

Mitigation. The Corps requires that applicants consider and use all reasonable and practical measures to avoid and minimize impacts to aquatic resources. If the applicant is unable to avoid or minimize all impacts, the Corps may require compensatory mitigation. The applicant proposed to mitigate for impacts resulting from Aspen Village Reconfiguration Phase 4 project at a 1.5:1 mitigation to impact ratio by creating 0.44 acre of palustrine emergent wetland. In addition, the applicant is proposing to mitigate the shortages in mitigation from the original commercial development by creating 0.8 acre of wetland and 0.06 acre wetland buffer adjacent to the original mitigation site. See figure entitled Conceptual Mitigation Plan.

OTHER GOVERNMENTAL AUTHORIZATIONS: Water quality certification or a waiver, as required under Section 401 of the Clean Water Act, from the Colorado Department of Public Health and Environment is required for this project. The applicant indicated they have applied for certification.

HISTORIC PROPERTIES: Based on the available information, no cultural resources were identified within the project's area of potential effect. The Corps will initiate consultation with the State Historic Preservation Officer under Section 106 of the National Historic Preservation Act, as appropriate.

ENDANGERED SPECIES: The proposed activity may affect Federally-listed endangered or threatened species or their critical habitat. The Corps will initiate consultation with the U.S. Fish and Wildlife Service, pursuant to Section 7 of the Endangered Species Act, as appropriate.

The above determinations are based on information provided by the applicant and our preliminary review.

EVALUATION FACTORS: The decision whether to issue a permit will be based on an evaluation of the probable impacts, including cumulative impacts, of the described activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit, which reasonably may be expected to accrue from the described activity, must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the described activity will be considered, including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, consideration of property ownership and, in general, the needs and welfare of the people. The activity's impact on the public interest will include application of the Section 404(b)(1) guidelines promulgated by the Administrator, Environmental Protection Agency (40 CFR Part 230).

The Corps is soliciting comments from the public, Federal, State, and local agencies and officials, Indian tribes, and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps to determine whether to issue, modify, condition, or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects, and other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity.

SUBMITTING COMMENTS: Written comments, referencing Public Notice SPK-2005-75448 must be submitted to the office listed below on or before June 30, 2012.

Kara Hellige, Project Manager US Army Corps of Engineers, Sacramento District 1970 E. 3rd Ave, #109 Durango, Colorado 81301 Email: Kara.A.Hellige@usace.army.mil

The Corps is particularly interested in receiving comments related to the proposal's probable impacts on the affected aquatic environment and the secondary and cumulative effects. Anyone may request, in writing, that a public hearing be held to consider this application. Requests shall specifically state, with particularity, the reason(s) for holding a public hearing. If the Corps determines that the information received in response to this notice is inadequate for thorough evaluation, a public hearing may be warranted. If a public hearing is warranted, interested parties will be notified of the time, date, and location. Please note that all comment letters received are subject to release to the public through the Freedom of Information Act. If you have questions or need additional information please contact the applicant or the Corps' project manager Kara Hellige, 970-259-1604, Kara.A.Hellige@usace.army.mil.

Attachments: 4 drawings

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